A Community Infrastructure Levy bill can come as an unwelcome surprise, particularly where a developer or landowner has focused on securing planning permission and treated infrastructure payments as a later administrative issue. In England, CIL operates through a detailed statutory process covering liability, reliefs, commencement, payment and enforcement.
Where the amount, liability or enforcement step is disputed, a CIL dispute solicitor or another planning-law professional may help identify the correct review or appeal route. Aldwych Legal is a Central London-based legal consultancy supporting clients across England with planning disputes, enforcement responses, appeals and strategic case preparation. Where reserved legal work is required, it works with external regulated solicitors and barristers.
Understand Whether CIL Applies
CIL is a locally set charge on certain development. It applies only where the relevant charging authority has adopted a charging schedule, and the amount depends on factors such as the type, location and floorspace of the development and the rates in force.
Once planning permission first permits a chargeable development, the collecting authority must serve a liability notice. The notice states the chargeable amount and any relief granted. A person who wishes to take responsibility for the levy can submit an assumption of liability notice, normally before the chargeable development begins.
Aldwych Legal can support evidence-led review where the development history, ownership or planning documents make the liability position difficult to follow.
Do Not Confuse a Liability Notice With a Demand Notice
A liability notice and a demand notice perform different functions.
The liability notice identifies the CIL chargeable amount. A demand notice is normally served once development commences, or once the collecting authority has determined that commencement has taken place, and it sets out the amount payable and the payment arrangements.
This distinction matters in a Community Infrastructure Levy dispute because different review and appeal routes apply to different decisions.
Check the Calculation Early
An interested person can ask the collecting authority to review the calculation of the chargeable amount. The request must be made within 28 days of the liability notice being issued. The review must be undertaken by someone senior to the person who made the original calculation and who had no involvement in it. The authority then has 14 days from receiving the request to issue its decision.
A review cannot generally be requested once the relevant development has commenced, and a review will lapse if development starts before the authority has issued its decision. If the liable person remains dissatisfied after the review, an appeal on the chargeable amount may be made to the Valuation Office Agency, subject to the applicable statutory requirements and deadline.
Submit the Commencement Notice Before Work Starts
For chargeable development, a commencement notice must normally be submitted to the collecting authority no later than the day before development is to begin. If the authority does not receive a valid notice, or believes the development began earlier than stated, it can determine the commencement date itself. The commencement date can affect when CIL becomes payable and whether surcharges or other consequences arise. Developers should therefore establish what legally counts as commencement before contractors start chargeable work.
Where development is phased, the position can be more complicated because CIL may operate by phase. A developer planning solicitor or planning consultant may be useful where enabling works, phasing or multiple permissions make the commencement position uncertain.
Reliefs and Exemptions Need Procedure as Well as Eligibility
Some development may qualify for a relief or exemption under the CIL Regulations. But qualifying in principle is not always enough; the relevant forms and procedural requirements must also be followed.
Relief or exemption should therefore be confirmed before development begins rather than assumed from the nature of the project.
Aldwych Legal can support planning-dispute preparation where a CIL issue overlaps with planning permission, development phasing or local-authority decision-making.
Different CIL Appeals Go to Different Bodies
One of the easiest mistakes is to send a CIL challenge to the wrong decision-maker.
Appeals concerning the calculation of the chargeable amount, apportionment of liability and certain relief or exemption decisions are generally handled by the Valuation Office Agency under the relevant regulations.
Specified enforcement-related appeals are different. Appeals against certain surcharges under regulation 117, deemed commencement dates under regulation 118 and CIL stop notices under regulation 119 are handled by the Planning Inspectorate.
The available grounds can be narrow. A regulation 117 surcharge appeal, for example, is limited to specified grounds such as the claimed breach not occurring, failure to serve a liability notice, or incorrect calculation of the surcharge.
Owners dealing with several notices can review local-government law support when deciding which document and route need priority.
Deadlines Can Be Short
CIL appeal deadlines are not uniform.
Current Planning Inspectorate guidance gives 28 days for a regulation 117 surcharge appeal, beginning with the date the surcharge was imposed. A regulation 118 appeal against a deemed commencement date must also be made within 28 days, beginning with the date the demand notice was issued.
A regulation 119 appeal against a CIL stop notice has a 60-day period beginning with the day on which the stop notice takes effect.
A general complaint or ongoing negotiation with the council should not be assumed to extend a statutory appeal period.
CIL Enforcement Can Escalate
The CIL Regulations provide enforcement measures designed to secure payment. These can include surcharges and interest, and persistent non-compliance can lead to a CIL stop notice prohibiting further development until the relevant requirements are met.
A CIL stop notice has its own limited appeal grounds. Current guidance states that an appeal may be made where the collecting authority failed to serve a warning notice before imposing the stop notice or where the development had not commenced.
This is why planning legal advice may become urgent where development is active and the authority is threatening enforcement.
Keep CIL Separate From Section 106
CIL and section 106 planning obligations can both contribute to the cost of development, but they are legally distinct.
A section 106 agreement may require site-specific payments, works or restrictions. CIL follows its own statutory system for liability, collection, relief, review and enforcement. A dispute about one does not automatically alter the other.
Building Regulations, restrictive covenants, title issues and licensing requirements are also separate. Resolving a CIL issue does not establish compliance with those other regimes.
Conclusion
Unexpected CIL liability is easier to manage when the statutory process is treated as part of development planning rather than a final administrative task. The liability notice, assumption of liability, relief position, commencement notice and demand notice should be checked before chargeable development starts.
If a dispute arises, the correct route depends on what is being challenged. Some appeals go to the Valuation Office Agency, while specified enforcement appeals go to the Planning Inspectorate, and the deadlines can be short.
Aldwych Legal supports clients across England with planning-dispute preparation and strategic case management. Early organisation can help a developer or landowner identify the correct CIL procedure, preserve relevant evidence and avoid losing a review or appeal option through an avoidable procedural mistake.
